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IN THE HIGH COURT OF JUDICATURE AT PATNA
MOHIT KUMAR SHAH, ALOK KUMAR PANDEY
Anil Kumar @ Anil Kumar Yadav S/o Late Krishna Yadav – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. prosecution story and fir details (Para 2 , 3 , 4) |
| 2. trial evidence and proceedings summary (Para 5 , 6 , 7 , 8) |
| 3. appellant argues victim's statement admissible (Para 9 , 10 , 11) |
| 4. state and respondents highlight inconsistencies (Para 12 , 13) |
| 5. limited interference in acquittal appeals (Para 14 , 15 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 6. fir delay and identification flaws (Para 16 , 35) |
| 7. informant pw4 evidence unreliable (Para 19) |
| 8. mother pw1 testimony inconsistent (Para 20) |
| 9. family witnesses lack corroboration (Para 21 , 22) |
| 10. hearsay and medical evidence noted (Para 23 , 24) |
| 11. investigation deficiencies exposed (Para 25) |
| 12. circumstantial chain incomplete (Para 36 , 37 , 38 , 39 , 40) |
| 13. acquittal upheld, appeal dismissed (Para 41 , 43) |
JUDGMENT :
ALOK KUMAR PANDEY, J.
Heard learned counsel for the appellant/informant, learned A.P.P. for the State and learned counsel for the Respondent Nos. 2 to 6.
2. The present appeal is directed against the judgment dated 16.05.2023 passed by the learned Additional District and Sessions Judge -17, Ara (Bhojpur) in Session Trial No. 424 of 2018 arising out Udwantnagar (Gajrajganj) P.S. Case No. 124 of 2017 (G.R. No. 1
Appeals against acquittal warrant interference only if trial findings perverse or impossible; circumstantial case fails without complete chain excluding innocence, as here due to witness inconsistenc....
In cases based on circumstantial evidence, all circumstances must conclusively establish guilt beyond reasonable doubt; any gaps can benefit the accused.
The prosecution must establish guilt beyond a reasonable doubt, and acquittals are reviewed under strict guidelines favoring the presumption of innocence.
Point of law:Acquital upheld - If the trial court takes a view that the accused deserves to be acquitted on the basis of evidence on record, such verdict cannot be reversed unless there is gross perv....
(1) Section 34 IPC and 115 IPC would not go hand in hand.(2) Evidence is raw material which Judge or Adjudicator uses to reach a finding of fact – Courts can record order of conviction even in a case....
The prosecution must prove guilt beyond reasonable doubt; mere circumstantial evidence and delayed FIR weaken the case, necessitating independent corroboration.
The court upheld the conviction based on circumstantial evidence, establishing a clear motive and reliable witness testimonies linking the appellant to the murder.
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